20201125Notice_of_Application_Order_No_34848.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34848
Office of the Secretary
Service Date
November 25, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH THE
CITY OF POCATELLO
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CASE NO. IPC-E-20-37

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34848

On November 12, 2020, Idaho Power Company (“Company”) asked the Commission
to approve or reject the Company’s proposed Energy Sales Agreement ("ESA") with the City of
Pocatello, Idaho ("Seller") for the energy generated by the Pocatello Waste Project (the "Facility").
Application at 1. The Facility is a qualifying facility ("QF") under the Public Utility Regulatory
Policies Act of 1978 ("PURPA"). The Company requests that its Application be processed by
Modified Procedure. Id. at 8. The Commission now issues this Notice of Application, Notice of
Modified Procedure and Order setting comment and reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company and Seller have entered the ESA,
which was signed by the Seller on November 5, 2020 and by the Company on November 9, 2020.
ESA at 34.
YOU ARE FURTHER NOTIFIED that the Company states that the Seller is seeking a
replacement agreement for a previous energy sales agreement with the Company that was executed
on April 24, 1985 and expires on December 31, 2020. Id. at 2.
YOU ARE FURTHER NOTIFIED that under the ESA, the Seller would sell the
electric energy generated by the Facility to the Company at published non-levelized, “Other”
avoided cost rates as set by Order No. 34683 for a 20-year term. Id. at 4.
YOU ARE FURTHER NOTIFIED that the Company states the replacement ESA
contains capacity payments for its entire term, with no sufficiency period. Id. at 2.
YOU ARE FURTHER NOTIFIED that the Company represents the ESA was executed
in compliance with past Commission orders. Id.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34848
YOU ARE FURTHER NOTIFIED that the Company requests the Commission issue
an order approving or rejecting the ESA and, if approved, declaring all payments for the purchases
of energy under the proposed ESA to be allowed as prudently incurred expenses for ratemaking
purposes. Id. at 8.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission offices. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “ELECTRIC” tab,
then select “Open Cases” and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and specifically Idaho
Code §§ 61-501, 61-502 and 61-503.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure, IDAPA
31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The written comment must contain
a statement of reasons supporting it. Persons desiring a hearing must specifically request a hearing
in their written comments. Written comments concerning this Application must be sent
electronically, unless e-mail is not available. To comment by e-mail, please access the
Commission’s home page at www.puc.idaho.gov. Click the “Consumers” tab and then “Case
Comment Form” and complete the form using the case number as it appears on the front of this
document. Comments filed by e-mail must also be e-mailed to the Company at the e-mail addresses
listed below. If e-mail is unavailable, then comments may be mailed to the Commission and
Company at these addresses:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34848
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

11331 W. Chinden Blvd.,
Building 8, Suite 201-A
Boise, ID 83714
For Idaho Power Company:

Donovan E. Walker
Energy Contracts
Idaho Power Company
1221 West Idaho Street 83702
P.O. Box 70
Boise, ID 83707-0070

E-Mail: [e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within twenty-eight (28) days from the service date of this Notice.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its Order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for a formal hearing.
ORDER
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so within twenty-one (21) days from the service date of this Notice. The
Company must file any reply comments within twenty-eight (28) days from the service date of this
Notice.
IT IS FURTHER ORDERED that parties continue to comply with Order No. 34781,
issued September 17, 2020. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34848
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of 25th
November 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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